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Division of inheritance among wife and full brother

 
Question:

Assalaamu alaykum. Please calculate the inheritance according to the following information:

– Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 1 (A half brother [from his father]) Number 1 (A nephew from a full brother) Number 10 (A nephew from a half brother [from his father]) Number 1 (A cousin from a full paternal uncle) Number 9

– Does the deceased have female relatives who are entitled to inherit : (A wife) Number 1

Answer:

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.

If the deceased did not leave any other heirs except those mentioned in the question, then his wife gets one quarter of the estate as her legal share due to the absence of children (direct heirs); Allah says (what means): {And for them [i.e. the wives] is one fourth if you leave no child.} [Quran 4:12] 

The remainder is given to his full brother by Ta‘seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so he gets what is left after the allotted shares have been distributed), as the Prophet, sallallahu ‘alayhi wa sallam, said, “Give the prescribed share of inheritance to those who are entitled to them, and the remainder is for the nearest male blood relative.” [Al-Bukhaari and Muslim]

The other heirs whom you mentioned do not get any shares from the estate because they are prevented by the existence of the full brother.

Therefore, the estate should be divided into four shares; the wife gets one fourth which is one share; and the full brother gets the remainder, which is three shares.

Allah knows best.

 

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